Hines v. Social Security Administration

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Motion to Affirm filed by Social Security Administration, Commissioner of Social Security, 23 Report and Recommendations. Remanding to the Social Security Commission. Signed by Chief District Judge Daniel P. Jordan, III on 5/30/18 (MGB) (Mailed to Plaintiff)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
EARNEST L. HINES, JR.
V.

PLAINTIFF
CIVIL ACTION NO. 3:16-CV-935-DPJ-MTP

NANCY BERRYHILL

DEFENDANT
ORDER

Defendant Social Security Administration Commissioner Nancy Berryhill
(“Commissioner”) filed a Motion to Affirm Commissioner’s Decision [21] in this Social Security
case. In the corresponding Report and Recommendation [23], United States Magistrate Judge
Michael T. Parker recommended that the Court grant in part and deny in part the
Commissioner’s motion. The Court finds that the unobjected to Report and Recommendation
should be adopted.
Plaintiff Earnest Hines, Jr., seeks judicial review regarding the denial of his application
for disability insurance benefits. See Am. Compl. [8]. In his Amended Complaint [8], Hines
raised three issues: “(1) whether the [Administrative Law Judge (“ALJ”)] properly evaluated all
medical opinions of record; (2) whether substantial evidence and proper legal standards support
the ALJ’s residual functional capacity finding; and (3) whether the ALJ properly assessed the
credibility of Plaintiff’s subjective complaints.” R&R [23] at 4. After reviewing the record,
Judge Parker found that the ALJ failed to properly evaluate Hines’s medical opinions of record.
See id. Particularly, Judge Parker noted that the ALJ failed to give a written explanation as to
why Hines’s Veteran’s Affairs disability rating was immaterial. See id. at 4–8. Regarding
Hines’s other arguments, Judge Parker found them meritless. Neither Hines nor the
Commissioner have filed an objection to the Report and Recommendation, and the time to do so
has now passed.

Accordingly, the Court, having fully reviewed the unopposed Report and
Recommendation, and being duly advised in the premises, finds that the Report and
Recommendation should be adopted as this Court’s opinion. Therefore, this matter is hereby
remanded to the Social Security Commission for proceedings consistent with the Report and
Recommendation [23].
SO ORDERED AND ADJUDGED this the 30th day of May, 2018.
s/ Daniel P. Jordan III
CHIEF UNITED STATES DISTRICT JUDGE

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